CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Direction générale de l’aviation civile (DGAC) has issued AD F-2005-172 affecting Airbus A319, A320 and A321 aircraft. France is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A320/189, which will become effective on 16 February 2006.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was introduced to establish a legislative framework for the regulation of civil aviation in Australia. The Act aims to ensure the safety and efficiency of civil aviation, particularly focusing on the certification and airworthiness of aircraft. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, provide detailed requirements for ensuring the safety of aircraft and aeronautical products, including the issuance of airworthiness directives (ADs). These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs to address safety issues or to mandate compliance with specific maintenance or operational requirements. The issuance of ADs is a key mechanism for ensuring the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The authority to issue ADs is exercised in accordance with Australia’s obligations under the Convention on International Civil Aviation, ensuring that safety standards are consistent with global best practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, provide the framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. These regulations apply to aircraft and aeronautical products, and allow the Civil Aviation Safety Authority (CASA) to mandate safety requirements as necessary. Airworthiness directives are legislative instruments and are made in accordance with international standards, particularly those set by the International Civil Aviation Organization (ICAO). When a State of Design issues an AD, such as France's AD F-2005-172 for Airbus A319, A320, and A321 aircraft, CASA, as Australia's national airworthiness authority, must assess and, if appropriate, issue a corresponding Australian AD, such as AD/A320/189. The issuance of these directives is driven by international obligations and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs extend their application to the specific aircraft types registered in Australia, ensuring compliance with both international and Australian safety standards.
Key Provisions
The key operative sections of the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as per section 98 of the Civil Aviation Act 1988. An AD, as defined in subregulation 39.001(5), is a legislative instrument subject to disallowance under section 46A of the Acts Interpretation Act 1901 and is governed by the Legislative Instruments Act 2003. In this context, CASA issued Australian AD/A320/189, aligning with an AD from the State of Design, France, for Airbus A319, A320, and A321 aircraft. This action is in accordance with Australia’s obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of an aircraft type.
Under these regulations, CASA, as Australia's national airworthiness authority, must assess any ADs issued by the State of Design and determine whether to issue a corresponding Australian AD to enforce the safety requirements. This process is necessary to ensure that the continuing airworthiness of aircraft registered in Australia meets international standards and safety protocols. The AD issued by CASA, Australian AD/A320/189, will become effective on 16 February 2006, following the assessment of the French AD F-2005-172.
The obligations imposed on CASA and other relevant parties include the timely assessment of ADs from the State of Design, the issuance of corresponding Australian ADs when necessary, and the enforcement of these directives to maintain the airworthiness of aircraft registered in Australia. Additionally, CASA must ensure that all ADs are issued in accordance with the relevant legislative frameworks and international conventions, particularly under the Convention on International Civil Aviation.
Failure to comply with the requirements set out in an AD may result in civil or criminal penalties. Although the specifics of these penalties are not detailed in the provided text, breaches of civil aviation safety regulations can generally lead to enforcement actions, fines, and other legal consequences. The severity of these penalties can vary depending on the nature and extent of the breach, as well as the potential risk to public safety.